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9 FOSTER STREET - L'ITALIEN, MICAHEL JJ - ZBA 9 PeS="S2. 8-1 Michael_ JJ LtTta ien rot i �X �� i :� � l� J i 1 li, I ,� 9 POSTBB"S '. Bw1 Michael JJ L'ltalien of 'Sttlen , � tISBtIC ilSPttB a_ , �Rnxrb of }z}tetd JAM lc J 01 " DECISION ON THE PETITION OF MICHAEL L'ITALIEN FOR A CITY -i. L-FICE SPECIAL PERMIT AT 9 FOSTER STREET (B-1 ) SALEM. MASS. A hearing on this petition was held January 14, 1987 with the following Board Members present: Edward Luzinski, Vice Chairman; Richard Bencal, Secretrary; z Messrs. , Fleming and Strout. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. p 1 s The petitioner is requesting.a. Special Permit to allow the premises to be used •as a woodworking and storage facility in this B-1 zone r g w Sam N-6 S,d '.rte •.. .� -.*"ti i� .�... * , # The rovision of the Salem Zoning Ordinance which is applicable to this request r ' p � M za le 'or a Special Permit is Section V B 10, which- provides asfollows. ry Notwithstanding anything to the contrary appearing in this Ordinance, the Board M of Appeal may, in accordance with the procedure and conditions set forth in a' - -Section VIII F and TR D, grant Special Permits for alterations and reconstruction - - of nonconforming structures, and for changes, enlargement, extension or expansion F.: of nonconforming lots, land, structures, and uses, provided, however, that such change; extension, enlargement or expansion shall not be substantially more F- r rim detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, —_— — -safety convenience-and welfare-'of—the-City's inhabitants. --- - - The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: -- 1 . The building is now being used for storage; -- 2. There is another woodworking type business in close proximity; ... _. 3. Both support and opposition to the plan was voiced at the hearing. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The proposed use of the property will not be substantially more detrimental than the existing use to the neighborhood; 2. The relief requested can be granted without nullifying or substantially derogating from the. infent of the district or the purpose of the x Ordinance. JEW t DECISION ON THE PETITION OF MICHAEL L'ITALIEN FOR A SPECIAL PERMIT FOR 9 FOSTER ST. , SALEM page two i Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special Permit requested, subject to the following conditions: 1 . The building must meet all provisions of the Salem Fire Department relative to fire safety; 2. The hours of operation shall be 7:30 a.m. to 5:00 p.m. , Monday through Friday and 8:00 a.m. to 12:00 noon on Saturdays; 3. No lacquer of paints shall be used in the building; 4. All parking is to be done in the building; ' .: 5. The westerly side of the building must be soundproofed with , f gyp ` a 3"' wall and the windows on that side must be blocked up; 6. All modifications to the building must be approved by the i.. , ;.• Salem Building Department. i SPECIAL PERMIT GRANTED 'Richard A. Bencal, Secretary A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK �I 'I APPEAL FROId. THIS CE.-IS"A IF A)Y, SHAiL 5E 'r'E i7 GENERAL LAW CHAPiE°. E . . A"ID SHAT' E° r `il \ :J c0 Cala IE OF 1 AL DELiS'L, 1:, 1H° O.F.CE 07 THE CITY L c P... G4 'r.Ai. IF a GF TI E. RECOr,DED Ifs NE S_ FES ET RcDI n Y Cr GEE0 P S LERL rm OF RECORD OR IS RECORDED AND IQ Oh inE 0 it _ BOARD OF Ao'-Z"' ,I I F-. r- 4y �T nr DfttlPm, ttS82TtI�TTSP#t� , Paurb of �Fpvd JAN Cc 1 of ' DECISION ON THE PETITION OF MICHAEL L'ITALIEN FOR A CITY - i '.r,' • �,FICE SPECIAL PERMIT AT 9 FOSTER STREET (B-1 ) SALEM, MASS, A hearing on this petition was heldJanuary14, 1987 with the following Board Members present: Edward Luzinski Vice Chairman; Richard Bencal, Secretrary; _ ,...>4' Messrs. , Fleming and Strout. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. _ The petitioner is requesting a Special Permit to allow the premises to be used i as a woodworking and storage facility in this B-1 zone._ The provision of the Salem Zoning Ordinance which is applicable to .this request for a Special Permit is Section.- B ,10 which provides as follows Notwithstanding anything to the contrary appearing in this Ordinance, the Board ' _ of Appeal may, in accordance with the procedure and conditions set forth in . Y �.,7�r Section VIII F and IX D, grant Special Permits for alterations and reconstruction ngz :'--^` of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such it detrimental extension, uselto thebneighborhoodlly_more . - ' In more general terms, this Board is, when reviewing Special Permit requests, , guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, -- - safety, convenience and welfare-of the City.'s:.inhabitants...- ___ The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The building is now being used for storage; .�:- . 2. There is another woodworking type business in close proximity; 3. Both support and -opposition to the plan was voiced at the hearing. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: ZE 1 . The proposed use of the property will not be substantially more detrimental than the existing use to the neighborhood; 2. The relief requested can be granted without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. amu., ft . - y, , rc - '' DECISION ON THE PETITIONOFMICHAEL L'ITALIEN FORA : ''" SPECIAL PERMIT FOR 9 FOSTER ST ,' SALEM page two- &I wo• Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special Permit requested, subject to the following conditions: 1 . The building must meet all provisions of the Salem Fire Department 4 relative to fire safety; ;fit_ 2. The hours of operation shall be 7:30 a.m. to 5:00 p.m. , .- Monday through Friday and 8:00 a.m. to 12:00 noon on Saturdays; a 3. No lacquer of paints shall be used in the building; VFW �,� 4. All parking is to,be.-do a in the building, s L ; '. . •'lC��.��f' {--' a'+".� lrs. &<y', 5. The westerly side of'the„ building must'be .souiidproofed with ; N _ a 3}" wall and thein wdows on that side must be blocked up, x o: , _-_ 6OEM . All modifications -to, thNI e building must be approved by the Salem Building Department .r SPECIAL PERMIT GRANTED vgg /l Richard A. Bencal, Secretary AM 'I. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK �- y + APPEAL FRD.'9 THIS DECIQ!C% IF ANY. SHALLc° F:: P. . 20 O�\S THE .' GENERAL LAYS CHAPTE5 8 s AND SHALL E F+ OF THIS DECIS'Cr: I:. THc OcF:-E„O THE C11 LAWS H f r pCL .. _I RECORDED IN THE S .T:n ES�Ea PEC. L Y i + OF RECORD OR IS RECORDED AND NOTED 0” THE 0.•, r-S CERLn�n E Cr �I�'E' i - BOARD OF AFFE"- Saimll�ia4s..r,..::. .Yas y'%Snd F3 7 e, ._ -.: ` • • -+. . h � t ice ✓. Bruer Alacency I 29 i a• - roS-00 iv/v. x ,re ::.fig ,— n SB9'Qt10 Lr vt 777777 Pwft AW Ate p+gaa►1M help a orae. 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